Certain Steel Nails From the United Arab Emirates: Final Results of Antidumping Duty Administrative Review; 2014-2015, 71482-71484 [2016-25057]
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Federal Register / Vol. 81, No. 200 / Monday, October 17, 2016 / Notices
retroactively on any entries made on or
after September 9, 2016, the date of
publication of the Final Results, for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption as provided by section
751(a)(2)(C) of the Act: (1) No cash
deposit will be required for subject
merchandise exported by Fushun Jinly;
(2) for subject merchandise exported by
the Fangda Group and Xuzhou
Jianglong, the cash deposit rate will be
the rate established in the ‘‘Amended
Final Results of Review’’ section; (3) for
previously investigated or reviewed PRC
and non-PRC exporters not listed above
that received a separate rate in a prior
segment of this proceeding, the cash
deposit rate will continue to be the
exporter-specific rate; (4) for all PRC
exporters of subject merchandise that
have not been found to be entitled to a
separate rate, the cash deposit rate will
be that for the PRC-wide entity, which
is 159.64 percent; (5) for all non-PRC
exporters of subject merchandise which
have not received their own rate, the
cash deposit rate will be the rate
applicable to the PRC exporter that
supplied that non-PRC exporter. These
deposit requirements, when imposed,
shall remain in effect until further
notice.
Disclosure
We intend to disclose the calculations
performed for these amended final
results to interested parties within five
days after the public announcement of
the amended final results in accordance
with 19 CFR 351.224(b).
jstallworth on DSK7TPTVN1PROD with NOTICES
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this POR. Failure to comply with
this requirement could result in the
Secretary’s presumption that
reimbursement of the antidumping
duties occurred and the subsequent
assessment of double antidumping
duties.
Notification Regarding Administrative
Protective Order
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials or
conversion to judicial protective order is
VerDate Sep<11>2014
14:22 Oct 14, 2016
Jkt 241001
hereby requested. Failure to comply
with the regulations and terms of an
APO is a sanctionable violation.
These amended final results of review
are issued and published in accordance
with sections 751(h) and 19 CFR
351.224(e) of the Act.
Dated: October 11, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2016–25059 Filed 10–14–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–520–804]
Certain Steel Nails From the United
Arab Emirates: Final Results of
Antidumping Duty Administrative
Review; 2014–2015
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
On June 10, 2016, the
Department of Commerce (the
Department) published the preliminary
results of the administrative review of
the antidumping duty order on certain
steel nails (nails) from the United Arab
Emirates (UAE). The period of review
(POR) is May 1, 2014, through April 30,
2015. The review covers five producers/
exporters of the subject merchandise,
Dubai Wire FZE (Dubai Wire), Oman
Fasteners LLC (Oman Fasteners),
Overseas Distribution Services Inc.
(ODS), Overseas International Steel
Industry LLC (OISI), and Precision
Fasteners LLC (Precision). For these
final results, we continue to find that
subject merchandise has been sold in
the United States at less than normal
value.
SUMMARY:
DATES:
Effective October 17, 2016.
FOR FURTHER INFORMATION CONTACT:
Bryan Hansen or Minoo Hatten, AD/
CVD Operations, Office I, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–3683, and (202) 482–1690,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 10, 2016, the Department
published the preliminary results of the
administrative review of the
antidumping duty order on certain steel
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
nails from the UAE.1 We invited
interested parties to comment on the
Preliminary Results. We received case
and rebuttal briefs from Mid Continent
Steel and Wire, Inc., a domestic
interested party, and ODS, the only
mandatory respondent selected for
individual examination in this review.
The Department conducted this
administrative review in accordance
with section 751 of the Tariff Act of
1930, as amended (the Act).
Scope of the Order
The merchandise subject to the
Order 2 is nails from the UAE. The
products are currently classifiable under
the Harmonized Tariff Schedule of the
United States (HTSUS) subheadings
7317.00.55, 7317.00.65, 7317.00.75,
7806.00.80.00 and 7907.00.60.00.3
While the HTSUS numbers are provided
for convenience and customs purposes,
the written description of the scope of
the order is dispositive. A full
description of the scope of the order is
contained in the Issues and Decision
Memorandum.4
Analysis of the Comments Received
All issues raised in the case and
rebuttal briefs by parties to this
administrative review are addressed in
the Issues and Decision Memorandum.
A list of the issues is attached to this
notice as an appendix. The Issues and
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS) and is available to registered
users at https://access.trade.gov. The
Issues and Decision Memorandum is
also available to all parties in the
Central Records Unit, Room B8024 of
the main Department of Commerce
building. In addition, a complete
1 See Certain Steel Nails From the United Arab
Emirates: Preliminary Results of Antidumping Duty
Administrative Review; 2014–2015, 81 FR 37571
(June 10, 2016), and accompanying Preliminary
Decision Memorandum (collectively, Preliminary
Results).
2 See Certain Steel Nails from the United Arab
Emirates: Amended Final Determination of Sales at
Less Than Fair Value and Antidumping Duty Order,
77 FR 27421 (May 10, 2012) (Order).
3 On April 16, 2012, the Department added
classification numbers 7806.00.80.00 and
7907.00.60.00 to the customs case reference file
pursuant to a request by U.S. Customs and Border
Protection (CBP).
4 For a full description of the scope of the order,
see the memorandum from Deputy Assistant
Secretary Christian Marsh to Assistant Secretary
Paul Piquado entitled, ‘‘Certain Steel Nails from the
United Arab Emirates: Issues and Decision
Memorandum for Final Results of Antidumping
Duty Administrative Review; 2014–2015,’’ dated
concurrently with and hereby adopted by this
notice (Issues and Decision Memorandum).
E:\FR\FM\17OCN1.SGM
17OCN1
Federal Register / Vol. 81, No. 200 / Monday, October 17, 2016 / Notices
version of the Issues and Decision
Memorandum can be accessed directly
on the Enforcement and Compliance
Web site at https://
enforcement.trade.gov/frn/.
Final Determination of No Shipments
The Department preliminarily found
that Oman Fasteners LLC, Overseas
International Steel Industry LLC, and
Precision Fasteners LLC, did not have
any reviewable entries of subject
merchandise during the POR.5 After the
Preliminary Results, we received no
comments or additional information
with respect to these three companies.
Therefore, for these final results, we
continue to find that these three
companies did not have any reviewable
entries of subject merchandise during
the POR. Consistent with our practice,
we will issue appropriate instructions to
CBP based on our final results.
Rate for Respondent Not Selected for
Individual Examination
In these final results we calculated a
weighted-average dumping margin
above zero or de minimis for ODS, the
sole respondent selected for individual
examination.6 Accordingly, for these
final results, we will assign to Dubai
Wire FZE (Dubai Wire), a company not
selected for individual examination in
this review, the weighted-average
dumping margin calculated for ODS,
consistent with section 735(c)(5)(A) of
the Act.
Changes Since the Preliminary Results
Based on the Department’s analysis of
comments received and further
examination of the record, we made
revisions to our margin calculations for
ODS. As a result, the margins for ODS
and Dubai Wire have changed.
Final Results of the Review
jstallworth on DSK7TPTVN1PROD with NOTICES
As a result of this administrative
review, we determine that the following
estimated weighted-average dumping
margins exist for the period May 1,
2014, through April 30, 2015:
5 See Preliminary Results, and accompanying
Preliminary Decision Memorandum at 4.
6 Id.
7 Dubai Wire was not selected for individual
examination in this review. Generally, we look to
section 735(c)(5) of the Act, which provides
instructions for calculating the all-others rate in an
investigation, for guidance when calculating the
rate for respondents not selected for individual
review. Section 735(c)(5)(A) of the Act instructs that
we are not to calculate an all-others rate using any
zero or de minimis margins or any margins based
on total facts available. Accordingly, our usual
practice has been to average the rates for the
selected companies excluding zero, de minimis, and
rates based entirely on facts available. In this
review, we calculated a weighted-average dumping
margin above zero or de minimis for the sole
VerDate Sep<11>2014
14:22 Oct 14, 2016
Jkt 241001
71483
for merchandise exported by
manufacturers or exporters not covered
in this review but covered in a prior
Overseas Distribution Servsegment of the proceeding, the cash
ices Inc ..............................
0.87 deposit rate will continue to be the
Dubai Wire FZE 7 ..................
0.87
company-specific rate published for the
most recent period; (3) if the exporter is
Disclosure
not a firm covered in this review, a prior
We intend to disclose the calculations review, or the original investigation but
performed to parties in this proceeding
the manufacturer is, the cash deposit
within five days after public
rate will be the rate established for the
announcement of the final results, in
most recent period for the manufacturer
accordance with 19 CFR 351.224(b).
of the merchandise; (4) the cash deposit
rate for all other manufacturers or
Assessment Rates
exporters will continue to be 4.30
Pursuant to section 751(a)(2)(A) of the percent, the all-others rate established
Act and 19 CFR 351.212(b), the
in the Order.10 These cash deposit
Department shall determine, and CBP
requirements, when imposed, shall
shall assess, antidumping duties on all
remain in effect until further notice.
appropriate entries covered by this
review.8 Therefore, we will instruct CBP Notification to Importers
to apply ad valorem assessment rate of
This notice serves as a preliminary
0.87 percent, to all entries of subject
reminder to importers of their
merchandise during the POR which
responsibility under 19 CFR
were produced and/or exported by ODS. 351.402(f)(2) to file a certificate
Consistent with our practice, because
regarding the reimbursement of
we continue to find that Oman
antidumping duties prior to liquidation
Fasteners, OISI, and Precision had no
of the relevant entries during this
shipments of subject merchandise to the review period. Failure to comply with
United States in the final results of this
this requirement could result in the
review, we will instruct CBP to
Secretary’s presumption that
liquidate any existing entries of
reimbursement of antidumping duties
merchandise produced by Oman
occurred and the subsequent assessment
Fasteners, OISI, and Precision and
of double antidumping duties.
exported by other parties at the allAdministrative Protective Orders
others rate.9
For Dubai Wire, the respondent not
This notice also serves as the only
selected for individual examination, we reminder to parties subject to
will instruct CBP to apply the rate
administrative protective order (APO) of
assigned to ODS, to all entries of subject their responsibility concerning the
merchandise produced and/or exported return or destruction of proprietary
by Dubai Wire.
information disclosed under APO in
We intend to issue instructions to
accordance with 19 CFR 351.305(a)(3).
CBP 15 days after publication of the
Timely written notification of the return
final results of this review.
or destruction of APO materials or
conversion to judicial protective order is
Cash Deposit Requirements
hereby requested. Failure to comply
The following deposit requirements
with the regulations and terms of an
will be effective upon publication of the APO is a sanctionable violation.
notice of final results of administrative
These final results of review are
review for all shipments of nails from
issued and published in accordance
the UAE entered, or withdrawn from
with sections 751(a)(1) and 777(i) of the
warehouse, for consumption on or after
Act.
the date of publication as provided by
Dated: October 11, 2016.
section 751(a)(2) of the Act: (1) The cash
Paul Piquado,
deposit rate for ODS and Dubai Wire
Assistant Secretary for Enforcement and
will be the rates established in the final
results of this administrative review; (2) Compliance.
Appendix—List of Topics Discussed in
respondent selected for individual examination,
the Preliminary Decision Memorandum
Margin
(percent)
Company
ODS. Based on this, and analogous to the statutory
provision concerning investigations, we assigned
the rate calculated for ODS to Dubai Wire.
8 See 19 CFR 351.212(b)(1).
9 See, e.g., Magnesium Metal From the Russian
Federation: Preliminary Results of Antidumping
Duty Administrative Review, 75 FR 26922, 26923
(May 13, 2010), unchanged in Magnesium Metal
From the Russian Federation: Final Results of
Antidumping Duty Administrative Review, 75 FR
56989 (September 17, 2010).
PO 00000
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Fmt 4703
Sfmt 4703
Summary
Background
Scope of the Order
Discussion of the Issues
Comment 1: Selection of Financial
Statements to Calculate Constructed
Value Selling Expenses and Profit
10 See
E:\FR\FM\17OCN1.SGM
Order, 77 FR 27421, 27422.
17OCN1
71484
Federal Register / Vol. 81, No. 200 / Monday, October 17, 2016 / Notices
Comment 2: Errors in Calculation of
Constructed Value Selling Expense and
Profit Ratios
Comment 3: Appropriate Universe of Sales
Comment 4: Consideration of an
Alternative Comparison Method
Comment 5: Differential Pricing Analysis
Recommendation
[FR Doc. 2016–25057 Filed 10–14–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Special Accommodations
RIN 0648–XE965
Marine Fisheries Advisory Committee
Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of open public meeting.
AGENCY:
This notice sets forth the
proposed schedule and agenda of a
forthcoming meeting of the Marine
Fisheries Advisory Committee
(MAFAC). The members will discuss
and provide advice on issues outlined
under SUPPLEMENTARY INFORMATION
below.
DATES: The meeting will be held
November 1–3, 2016, from 9:00 a.m. to
5 p.m.
ADDRESSES: The meeting will be held at
the Sheraton Silver Spring Hotel, 8777
Georgia Ave, Silver Spring, MD 20910;
301–589–0800.
FOR FURTHER INFORMATION CONTACT:
Jennifer Lukens, MAFAC Executive
Director; (301) 427–8004; email:
Jennifer.Lukens@noaa.gov.
SUPPLEMENTARY INFORMATION: As
required by section 10(a)(2) of the
Federal Advisory Committee Act, 5
U.S.C. App. 2, notice is hereby given of
a meeting of MAFAC. The MAFAC was
established by the Secretary of
Commerce (Secretary), and, since 1971,
advises the Secretary on all living
marine resource matters that are the
responsibility of the Department of
Commerce. The complete charter and
summaries of prior meetings are located
online at https://www.nmfs.noaa.gov/
ocs/mafac/.
jstallworth on DSK7TPTVN1PROD with NOTICES
SUMMARY:
Matters To Be Considered
This meeting time and agenda are
subject to change.
The meeting is convened to hear
presentations and updates and to
discuss policies and guidance on the
following topics: proposed Columbia
Basin Partnership Task Force;
VerDate Sep<11>2014
14:22 Oct 14, 2016
Jkt 241001
aquaculture resilience benefits; regional
vulnerability analyses; ecosystem based
fisheries management; transition;
Protected Resources program review
and climate change guidance; climate
science and regional action plans;
recreational fisheries activities and
socioeconomic science; and the budget
outlook for FY2017–2018. MAFAC will
discuss various administrative and
organizational matters, and meetings of
standing subcommittees and working
groups will be convened.
The meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to
Heidi Lovett; 301–427–8034 by October
21, 2016.
Dated: October 11, 2016.
Jennifer Lukens,
Director for the Office of Policy, National
Marine Fisheries Service.
[FR Doc. 2016–24972 Filed 10–14–16; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XE961
Magnuson-Stevens Fishery
Conservation and Management Act;
General Provisions for Domestic
Fisheries; Application for Exempted
Fishing Permit
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; request for comments.
AGENCY:
The Regional Administrator,
NMFS West Coast Region, has
determined that an application for an
exempted fishing permit (EFP) warrants
further consideration and requests
public comment on the application. The
application requests 2-year exemptions
from various prohibitions under the
Fishery Management Plan for U.S. West
Coast Fisheries for Highly Migratory
Species (HMS FMP) to test the effects
and efficacy of using deep-set buoy gear
(DSBG) to fish for swordfish and other
highly migratory species (HMS) off the
U.S. West Coast. This notice also
announces NMFS’ intent to extend two
current DSBG EFPs through 2018 and
also requests public comment on these
EFPs.
DATES: Comments must be submitted in
writing by November 16, 2016.
SUMMARY:
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
You may submit comments
on this document, identified by NOAA–
NMFS–2016–0133, by any of the
following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20160133, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments. EFP
applications will be available under
Relevant Documents through the same
link.
• Mail: Attn: Chris Fanning, NMFS
West Coast Region, 501 W. Ocean Blvd.,
Suite 4200, Long Beach, CA 90802.
Include the identifier ‘‘NOAA–NMFS–
2016–0133’’ in the comments.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous).
FOR FURTHER INFORMATION CONTACT:
Chris Fanning, NMFS, West Coast
Region, 562–980–4198.
SUPPLEMENTARY INFORMATION: In August
2015 NMFS issued three EFPs for
fishing vessels to use DSBG in the
exclusive economic zone (EEZ) off the
U.S. West Coast (DSBG is described as
multiple hooks deployed relatively deep
in the water column, using one or more
weighted mainlines which are
suspended with one or more buoys
floating on the ocean surface) (80 FR
29662, May 22, 2015). DSBG fishing
under two of these EFPs has been
ongoing in 2015–2016, and the Pacific
Fishery Management Council (Council)
recommended these both be extended
through the 2017–2018 fishing season
(https://www.pcouncil.org/wp-content/
uploads/2016/03/0316decisions.pdf).
In addition to the request for the two
extensions, a new DSBG EFP
application was submitted to the
Council by Dave Stephens for two
additional vessels to conduct DSBG
fishing activities (herein referred to as
the ‘‘Stephens EFP’’) (https://
www.pcouncil.org/wp-content/uploads/
2016/07/0616decisions.pdf). At its
September 2016 meeting, the Council
ADDRESSES:
E:\FR\FM\17OCN1.SGM
17OCN1
]]>Agencies
[Federal Register Volume 81, Number 200 (Monday, October 17, 2016)]
[Notices]
[Pages 71482-71484]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25057]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-520-804]
Certain Steel Nails From the United Arab Emirates: Final Results
of Antidumping Duty Administrative Review; 2014-2015
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On June 10, 2016, the Department of Commerce (the Department)
published the preliminary results of the administrative review of the
antidumping duty order on certain steel nails (nails) from the United
Arab Emirates (UAE). The period of review (POR) is May 1, 2014, through
April 30, 2015. The review covers five producers/exporters of the
subject merchandise, Dubai Wire FZE (Dubai Wire), Oman Fasteners LLC
(Oman Fasteners), Overseas Distribution Services Inc. (ODS), Overseas
International Steel Industry LLC (OISI), and Precision Fasteners LLC
(Precision). For these final results, we continue to find that subject
merchandise has been sold in the United States at less than normal
value.
DATES: Effective October 17, 2016.
FOR FURTHER INFORMATION CONTACT: Bryan Hansen or Minoo Hatten, AD/CVD
Operations, Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone: (202) 482-3683, and (202) 482-
1690, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 10, 2016, the Department published the preliminary results
of the administrative review of the antidumping duty order on certain
steel nails from the UAE.\1\ We invited interested parties to comment
on the Preliminary Results. We received case and rebuttal briefs from
Mid Continent Steel and Wire, Inc., a domestic interested party, and
ODS, the only mandatory respondent selected for individual examination
in this review. The Department conducted this administrative review in
accordance with section 751 of the Tariff Act of 1930, as amended (the
Act).
---------------------------------------------------------------------------
\1\ See Certain Steel Nails From the United Arab Emirates:
Preliminary Results of Antidumping Duty Administrative Review; 2014-
2015, 81 FR 37571 (June 10, 2016), and accompanying Preliminary
Decision Memorandum (collectively, Preliminary Results).
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to the Order \2\ is nails from the UAE. The
products are currently classifiable under the Harmonized Tariff
Schedule of the United States (HTSUS) subheadings 7317.00.55,
7317.00.65, 7317.00.75, 7806.00.80.00 and 7907.00.60.00.\3\ While the
HTSUS numbers are provided for convenience and customs purposes, the
written description of the scope of the order is dispositive. A full
description of the scope of the order is contained in the Issues and
Decision Memorandum.\4\
---------------------------------------------------------------------------
\2\ See Certain Steel Nails from the United Arab Emirates:
Amended Final Determination of Sales at Less Than Fair Value and
Antidumping Duty Order, 77 FR 27421 (May 10, 2012) (Order).
\3\ On April 16, 2012, the Department added classification
numbers 7806.00.80.00 and 7907.00.60.00 to the customs case
reference file pursuant to a request by U.S. Customs and Border
Protection (CBP).
\4\ For a full description of the scope of the order, see the
memorandum from Deputy Assistant Secretary Christian Marsh to
Assistant Secretary Paul Piquado entitled, ``Certain Steel Nails
from the United Arab Emirates: Issues and Decision Memorandum for
Final Results of Antidumping Duty Administrative Review; 2014-
2015,'' dated concurrently with and hereby adopted by this notice
(Issues and Decision Memorandum).
---------------------------------------------------------------------------
Analysis of the Comments Received
All issues raised in the case and rebuttal briefs by parties to
this administrative review are addressed in the Issues and Decision
Memorandum. A list of the issues is attached to this notice as an
appendix. The Issues and Decision Memorandum is a public document and
is on file electronically via Enforcement and Compliance's Antidumping
and Countervailing Duty Centralized Electronic Service System (ACCESS)
and is available to registered users at https://access.trade.gov. The
Issues and Decision Memorandum is also available to all parties in the
Central Records Unit, Room B8024 of the main Department of Commerce
building. In addition, a complete
[[Page 71483]]
version of the Issues and Decision Memorandum can be accessed directly
on the Enforcement and Compliance Web site at https://enforcement.trade.gov/frn/.
Final Determination of No Shipments
The Department preliminarily found that Oman Fasteners LLC,
Overseas International Steel Industry LLC, and Precision Fasteners LLC,
did not have any reviewable entries of subject merchandise during the
POR.\5\ After the Preliminary Results, we received no comments or
additional information with respect to these three companies.
Therefore, for these final results, we continue to find that these
three companies did not have any reviewable entries of subject
merchandise during the POR. Consistent with our practice, we will issue
appropriate instructions to CBP based on our final results.
---------------------------------------------------------------------------
\5\ See Preliminary Results, and accompanying Preliminary
Decision Memorandum at 4.
---------------------------------------------------------------------------
Rate for Respondent Not Selected for Individual Examination
In these final results we calculated a weighted-average dumping
margin above zero or de minimis for ODS, the sole respondent selected
for individual examination.\6\ Accordingly, for these final results, we
will assign to Dubai Wire FZE (Dubai Wire), a company not selected for
individual examination in this review, the weighted-average dumping
margin calculated for ODS, consistent with section 735(c)(5)(A) of the
Act.
---------------------------------------------------------------------------
\6\ Id.
---------------------------------------------------------------------------
Changes Since the Preliminary Results
Based on the Department's analysis of comments received and further
examination of the record, we made revisions to our margin calculations
for ODS. As a result, the margins for ODS and Dubai Wire have changed.
Final Results of the Review
As a result of this administrative review, we determine that the
following estimated weighted-average dumping margins exist for the
period May 1, 2014, through April 30, 2015:
---------------------------------------------------------------------------
\7\ Dubai Wire was not selected for individual examination in
this review. Generally, we look to section 735(c)(5) of the Act,
which provides instructions for calculating the all-others rate in
an investigation, for guidance when calculating the rate for
respondents not selected for individual review. Section 735(c)(5)(A)
of the Act instructs that we are not to calculate an all-others rate
using any zero or de minimis margins or any margins based on total
facts available. Accordingly, our usual practice has been to average
the rates for the selected companies excluding zero, de minimis, and
rates based entirely on facts available. In this review, we
calculated a weighted-average dumping margin above zero or de
minimis for the sole respondent selected for individual examination,
ODS. Based on this, and analogous to the statutory provision
concerning investigations, we assigned the rate calculated for ODS
to Dubai Wire.
------------------------------------------------------------------------
Margin
Company (percent)
------------------------------------------------------------------------
Overseas Distribution Services Inc...................... 0.87
Dubai Wire FZE \7\...................................... 0.87
------------------------------------------------------------------------
Disclosure
We intend to disclose the calculations performed to parties in this
proceeding within five days after public announcement of the final
results, in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b),
the Department shall determine, and CBP shall assess, antidumping
duties on all appropriate entries covered by this review.\8\ Therefore,
we will instruct CBP to apply ad valorem assessment rate of 0.87
percent, to all entries of subject merchandise during the POR which
were produced and/or exported by ODS.
---------------------------------------------------------------------------
\8\ See 19 CFR 351.212(b)(1).
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Consistent with our practice, because we continue to find that Oman
Fasteners, OISI, and Precision had no shipments of subject merchandise
to the United States in the final results of this review, we will
instruct CBP to liquidate any existing entries of merchandise produced
by Oman Fasteners, OISI, and Precision and exported by other parties at
the all-others rate.\9\
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\9\ See, e.g., Magnesium Metal From the Russian Federation:
Preliminary Results of Antidumping Duty Administrative Review, 75 FR
26922, 26923 (May 13, 2010), unchanged in Magnesium Metal From the
Russian Federation: Final Results of Antidumping Duty Administrative
Review, 75 FR 56989 (September 17, 2010).
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For Dubai Wire, the respondent not selected for individual
examination, we will instruct CBP to apply the rate assigned to ODS, to
all entries of subject merchandise produced and/or exported by Dubai
Wire.
We intend to issue instructions to CBP 15 days after publication of
the final results of this review.
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of nails from the UAE entered, or withdrawn from
warehouse, for consumption on or after the date of publication as
provided by section 751(a)(2) of the Act: (1) The cash deposit rate for
ODS and Dubai Wire will be the rates established in the final results
of this administrative review; (2) for merchandise exported by
manufacturers or exporters not covered in this review but covered in a
prior segment of the proceeding, the cash deposit rate will continue to
be the company-specific rate published for the most recent period; (3)
if the exporter is not a firm covered in this review, a prior review,
or the original investigation but the manufacturer is, the cash deposit
rate will be the rate established for the most recent period for the
manufacturer of the merchandise; (4) the cash deposit rate for all
other manufacturers or exporters will continue to be 4.30 percent, the
all-others rate established in the Order.\10\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\10\ See Order, 77 FR 27421, 27422.
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Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Administrative Protective Orders
This notice also serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely
written notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a sanctionable
violation.
These final results of review are issued and published in
accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: October 11, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
Summary
Background
Scope of the Order
Discussion of the Issues
Comment 1: Selection of Financial Statements to Calculate
Constructed Value Selling Expenses and Profit
[[Page 71484]]
Comment 2: Errors in Calculation of Constructed Value Selling
Expense and Profit Ratios
Comment 3: Appropriate Universe of Sales
Comment 4: Consideration of an Alternative Comparison Method
Comment 5: Differential Pricing Analysis
Recommendation
[FR Doc. 2016-25057 Filed 10-14-16; 8:45 am]
BILLING CODE 3510-DS-P
